Terms of service

TERMS OF USE AND SERVICE

Last Updated: September 18, 2026

Hoist The Sails is the operator of the website hoistthesails.com (the “Site”). By using this Site, you are entering into a legal agreement to abide by the terms and conditions contained within this document (the “Terms”), and you are agreeing that you have read and fully understand these Terms.

These Terms are a binding legal agreement between you and Hoist The Sails (“Hoist The Sails,” “we,” “our,” or “us”). These Terms apply to your use or purchase of any goods, facilities, or services offered through the Site, regardless of how they are accessed, including communications between you and Hoist The Sails regarding those goods, facilities, or services, such as communications via email, telephone, text message, or website chat (collectively, the “Services”).

By visiting our Site and engaging in our Services, you also agree to be bound by additional terms and conditions and policies referenced elsewhere on our Site and/or available through our Site, which are made part of these Terms by reference. These Terms apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any of the Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools that are added to the current Site shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Our Site is hosted on Shopify. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – PRIVACY POLICY

Your use of this Site is governed by our Privacy Policy, which is made part of these Terms by reference.

SECTION 2 – COPYRIGHT

The entire content included on this Site, including but not limited to text, images, graphics, logos, designs, photographs, artwork, and code, is the property of Hoist The Sails or its applicable licensors and is subject to copyright, trademark, service mark, and other intellectual property rights.

The entire content of the Site is protected as a collective work under United States and other applicable copyright laws. The contents of this Site may include works that are licensed to Hoist The Sails or its applicable licensors.

Permission is granted to electronically copy and print portions of this Site for the sole purpose of placing an order or purchasing products from the Site. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order or purchase products from the Site.

Any other use, including but not limited to the reproduction, distribution, display, transmission, modification, or commercial use of the content of this Site is strictly prohibited unless authorized in writing by Hoist The Sails.

You further agree not to change, remove, or delete any proprietary notices from materials downloaded from the Site.

SECTION 3 – ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

You may not use our products or Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction, including but not limited to copyright and intellectual property laws.

You must not transmit any worms, viruses, malware, or any code of a destructive nature.

A breach or violation of any of the Terms may result in an immediate termination of your Services.

SECTION 4 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time, to the extent permitted by applicable law.

You understand that your content, not including credit card information, may be transferred unencrypted and may involve:

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, Services, use of the Services, access to the Services, or any contact on the Site through which the Services are provided without express written permission from Hoist The Sails.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 5 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.

Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

SECTION 6 – MODIFICATIONS TO THE SERVICES AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.

SECTION 7 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our applicable Returns and Exchanges Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor or device's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion.

We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address, or phone number provided at the time the order was made.

We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through our Site.

You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more information regarding returns and exchanges, please review our Returns and Exchanges Policy.

SECTION 9 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement.

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider.

We may also, in the future, offer new services and/or features through the Site, including the release of new tools and resources. Such new features and/or services shall also be subject to these Terms.

SECTION 10 – THIRD-PARTY LINKS

Certain content, products, and services available via our Site or Services may include materials from third parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites.

Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction.

Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third party.

SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions, such as contest entries, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, postal mail, or otherwise, collectively referred to as “comments,” you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation:

To maintain any comments in confidence;
To pay compensation for any comments; or
To respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.

You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or Services or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for comments posted by you or any third party.

SECTION 12 – PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Policy.

By using this Site, you agree that you have read and fully understand our Privacy Policy.

SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site, the Services, or any related website is inaccurate at any time without prior notice, including after you have submitted your order.

We undertake no obligation to update, amend, or clarify information on the Site or in the Services, including without limitation, pricing information, except as required by law.

No specified update or refresh date applied on the Site should be taken to indicate that all information on the Site or in the Services has been modified or updated.

SECTION 14 – PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against others;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or Services, related websites, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Site or Services, related websites, other websites, or the Internet.

We reserve the right to terminate your use of the Site and Services or any related website for violating any of the prohibited uses.

SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Site or Services will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Site or Services will be accurate or reliable.

You understand that from time to time we may remove Services for indefinite periods of time or cancel Services at any time, without notice.

You expressly agree that your use of, or inability to use, the Site or Services is at your sole risk.

The Site, Services, and all products and services delivered to you through the Services are, except as expressly stated by us, provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

To the fullest extent permitted by applicable law, Hoist The Sails, its owners, officers, employees, affiliates, agents, contractors, suppliers, service providers, partners, licensors, and other representatives shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort, including negligence, strict liability, or otherwise, arising from your use of the Site or Services or any products purchased using the Site or Services, or for any other claim related in any way to your use of the Site, Services, or any product.

This includes, without limitation, errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site, Services, or any content or product posted, transmitted, or otherwise made available through the Services, even if advised of the possibility of such damages.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 16 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Hoist The Sails and its owners, officers, directors, employees, affiliates, agents, contractors, licensors, service providers, subcontractors, suppliers, and representatives from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 17 – SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.

Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us.

You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or when you cease using our Site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may also terminate this agreement at any time without notice.

You will remain liable for all amounts due up to and including the date of termination, and we may accordingly deny you access to our Services or any part thereof.

SECTION 19 – ENTIRE AGREEMENT

The failure of Hoist The Sails to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this Site or in respect to the Services constitute the entire agreement and understanding between you and Hoist The Sails and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior versions of these Terms.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 – DISPUTE RESOLUTION

Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the State of Florida, United States of America, without regard to its conflict-of-law principles.

If any portion of these Terms is deemed unlawful, void, or unenforceable, then that part shall be deemed severable and will not affect the validity or enforceability of the remaining provisions.

Arbitration

In the interest of resolving disputes between you and Hoist The Sails in the most expedient and cost-effective manner, you and Hoist The Sails agree that, to the extent permitted by applicable law, any dispute arising out of or relating to these Terms, the Site, our Services, or products purchased through the Site may be resolved through binding arbitration.

Arbitration uses a neutral arbitrator instead of a judge or jury and may involve more limited discovery and judicial review than a court proceeding. The arbitrator may award the same types of damages and relief that a court could award, subject to applicable law.

The arbitration shall take place in the State of Florida, unless you and Hoist The Sails mutually agree to another location.

Exceptions

Nothing in these Terms shall be deemed to waive, preclude, or otherwise limit the right of either party to:

Bring an individual action in small claims court where permitted;
Pursue an enforcement action through an applicable federal, state, or local government agency where such action is available;
Seek injunctive or other equitable relief from a court of competent jurisdiction where permitted; or
Bring a claim involving intellectual property infringement in a court of law.

No Class Actions

To the extent permitted by applicable law, you and Hoist The Sails agree that claims may only be brought on an individual basis and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

Unless otherwise required by applicable law, an arbitrator may not consolidate the claims of multiple individuals or preside over any form of representative or class proceeding without the express written agreement of all parties.

Jurisdiction and Venue

If, for any reason, a dispute proceeds in court rather than through arbitration, you and Hoist The Sails agree that jurisdiction and venue shall be in the appropriate state or federal courts located in the State of Florida, to the extent permitted by applicable law.